The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-08-07

conformity or coincidence, aud not at
all less usurpation than the other,
if that be.
Examining all the constitutions
before and since 1894 and 1870, and
there is not to be conceived, having
regard to the nature of the subject,
any electoral body which has not
been defined in some OF them by apt
words that are not in the Tennessee
Constitution, and not elsewhere are
the words there used, or any similar
words describing the same electoral
body, separated from o re-
auirement of simultaneous election
for members Of the General Assembly.
From the largest in Delaware, lTS2,
aud Kentucky, 1899, of all the elect
ors in the State entitled to vote for
representatives, to the smallest IN
use 10 most of the States, OF those
electors voting on the subject itsull,
they are all defined by other words
than those we have, which latter APP
pear only in the connection stated.
In no State except Delaware is the
principle of using last years birds
nest, by reference TO previous
iections adopted, and, as has
been noticed, the seeming alb.
surdity of having an amend
meut ratified by vote less than a
majority OF the vote upon the amend
ment itself, has been there deity
avoided, az it must be, to make that
fest at all tolerable. The ireeboot-
ing principle Of going outside OF the
four corners Of the constitutional
provision, be it what it may, or out
side OF legislative act, previously
ascertaiuiug and intelligenuy aud in.
telligibly pointing out the electoral
body which is to be used in the pro-
cess of ratiiying an amendment, and
selecting after an election any cleo.
toral body that may happen 70 be
available and fitting that to eonve-
niently elastic phraseology, has not
been adopted in my of these cousti-
tutions, ordinances, schedules or
amendmcnts-not one.
Ii the Legislature and the courts,
one or both, are TO shape up these
disputed words by cutting and fitting
this defective framework OF our ven
Grated but clumsy ancestors, which
will they select Of all this vast variety
OF commonly used building material
for constitutions
Conhuing the classif Jation TO the
electoral body described Tor either
calling q convention or ratiiying
amendments, and We have:
First 49, 1hirty-iour constitutions
require only a majority OF the vote
cast on the question, aud four require
more than a majority of that vote.
Tennessee, 1870, requiring that ma
iority to call convention, but as TO
ratiiying amendments using the dis
puted formula. OF these, twenty.
three permit the submission 10 be had
whenever the Legislature may ap'
point, fourteen require II smultane
eusly with general election, aud
one says nothing about 1t.
SecOnd-fiitccn constitutions ro-
quire a majority Of those voting Tor
representatives" OF these, thir
teen require, as they must, to be in.
tellinble without supplemental ac-
| ton somewhere, that the submission
be had simultaneously with general
election for representatives, aud osly
two. Tennessee, 1874, aud Tennessee,
1870, permit it at any time the Leg.
islaturc may appoint.
Third - Five constitutions re-
auire n majority OF all entitled Ia
vote for representatives. Oi these,
four. require the submission at a
general election, and one at any time
appointed by the Legislature.
Fourth - Seventeen constitution
require "a majority at said election,
aud do not more definitely describ,
il. or these, twelve require the sub
, mission simultaneously with a gen
eral election, four permit IL at an
time appointed by the Legislature
and one permits Il any time % 2
amendments, aud requires q genera
election ~ TO a convention.
Riith-I'ivo constitutions are indie
iinite as 10 the electoral body in this
that Louisiauan 1915, requires "a ma
jority OF the qualified electors, with
out saying whether oil all IN the Stat,
, or only at the election; but the sub
} mission il TO be at the general election
for Representatives. Indiana, ls5l
, also requires a majority Of the "elec
, tors Of the State, without sayinl
, whether Of all voting or Of all IN Oh,
/ STATE, and the submission Is 10 be q
any time appointed by thcLcgislaturc
/ Oregon. 1851, requires 4 majority o
. electors, but is silent as 10 whethe
, OF all voting or Of all In the State
. and il silent also m 10 the time o
election, aud Georgia, 1868, submit
, Ito the qualified voters Tor final rat
, ification," aud says nothing NOR
{ Whatever.
IN tho Legislature aud the court
decline TO patch up this doiectv
: Tennessee provision by selcotin
\ some one Of these numerous elect
/ oral bodies or designing an ontirol!
. anomalous one OF their own orea
: ton, the only possible consequence,
o would be that the provision u Ia
= operative and nugatory, for lata
Q rcpugpancy, aud the only wa
/ to amend our consultation !
+ by calling a convention, as terei
4 provided. Aud, perhaps, thi
. would be, 10 most Indifferent people
b a more satisfactory solution Of th
a perplexities than any unauthoriEo'
iinkoriur Of the Constitution +
h. II L.. Z. I. .Ln.n M